Legal Opinion · Dissent

Thames v. Mississippi Ex Rel. Shoemaker

Court of Appeals for the Fifth Circuit

Decided February 27, 1941No. 9632Published

1DissentHolmes, Circuit Judge

Did the United States District Court have jurisdiction of this controversy on the ground of diversity of citizenship, the only ground alleged? This is a federal question, in the determination of which we are controlled by federal statutes and decisions; but the claim or cause of action here asserted, the title of the administrator thereto, his statutory right of action without title, and his capacity to sue herein in his own name were created and conferred (if at all) by state statutes, in the construction of 'which we are controlled by state decisions.

The real question presented is. whether,…

2Cases cited42 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. United States v. Memphis Cotton Oil Co.Supreme Court of the United States · 1933
  3. Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
  4. Hawks v. HamillSupreme Court of the United States · 1933
  5. Coal Co. v. BlatchfordSupreme Court of the United States · 1871

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